Air Quality

Lord Berkeley: To ask Her Majesty's Government what action they are taking to ensure that local authorities in Greater London that have not declared an air quality management area for all places in their area that are not likely to achieve European Union limit values for air pollutants do so.
	To ask Her Majesty's Government which local authorities in Greater London that have declared an air quality management area have not finalised an action plan.

Lord Davies of Oldham: Under Part IV of the Environment Act 1995, local authorities are required to review and assess air quality in their authorities for certain key pollutants as set out in the air quality strategy. Where levels of these key pollutants are above the air quality objectives set out in strategy, they must carry out a more detailed assessment of air quality and, if necessary, declare an air quality management area (AQMA) and prepare an action plan to deliver air quality improvements in line with the local air quality management (LAQM) process. The third round of this process began in 2006, with all local authorities required to complete the first phase of this round—an updating and screening assessment (USA)—by the end of April 2006. Local authorities which identified a risk of exceeding an air quality objective then carried out a detailed assessment in 2007. Similarly the fourth round of the LAQM process commenced in April 2009 with all local authorities required to submit a USA by the end of April 2009.
	All London boroughs have declared AQMAs for pollutants that breach air quality objectives. Except for the London Borough of Havering, all London boroughs have action plans in place and are reporting progress against these to Defra. Havering has declared an AQMA across the entire borough for high concentrations of PM10 (particulate matter) and N02 (nitrogen dioxide), and has drafted an action plan which is currently being reviewed by the Greater London Authority.

Armed Forces: Medical Treatment

Lord Moonie: To ask Her Majesty's Government in the last three months (a) how many injured British soldiers were evacuated to the United Kingdom, (b) how many injured British soldiers were evacuated to other countries, and (c) why any soldiers evacuated to other countries were not returned to the United Kingdom.

Baroness Taylor of Bolton: Between 1 June 2009 and 31 August 2009, the latest three-month period for which validated data are held, there were 344 British army soldiers aeromedically evacuated to the United Kingdom from operations in Afghanistan and Iraq. Of these 251 were injured.
	A small number, fewer than five, of British soldiers were aeromedically evacuated from Afghanistan to another country and subsequently transferred to the United Kingdom. I am unable to provide any further information on why any individuals are evacuated to another country for reasons of medical confidentiality and operational security.

Children: Protection

Lord Lipsey: To ask Her Majesty's Government why they have not published the report of the academic panel, chaired by Professor David Buckingham of the Institute of Education, on the impact of the commercial world on children's wellbeing, delivered to them in March; and when they will publish it.

Baroness Morgan of Drefelin: Professor Buckingham's report, and the Government's response to it, will be published within the next few months.

Cyprus

Lord Maginnis of Drumglass: To ask Her Majesty's Government what assessment they have made, as a guarantor power, of the approach of Greek-Cypriots to the Cyprus talks process; whether they draw any conclusions from the display of flags by Greek-Cypriots, such as the display of Greek flags and a "Cyprus is Greek" banner at the Apoel Nicosia v Chelsea Champions League match on 30 September; and what assessment they have made of any indications that the "Akritas" and "Iphestos 1974" plans still define the Greek-Cypriot political ethos.

Baroness Kinnock of Holyhead: The Government's assessment is that the two leaders have shown a strong commitment to the Cyprus talks process. We welcome their recent decision to meet more regularly and urge both leaders to intensify their efforts to ensure this unique opportunity is not missed.
	We have not drawn any conclusions from the display of flags and banners at the Champions League match on 30 September 2009 in Cyprus. This is a matter for Union of European Football Associations (UEFA). We understand from UEFA that they will instigate disciplinary proceedings against the Cypriot club for "manifestations of a non-sporting nature".

Drugs: Cocaine

Lord Laird: To ask Her Majesty's Government what assessment they have made of the trend of illegal use of cocaine in the United Kingdom over the past few years.

Lord West of Spithead: The Home Office is only responsible for the assessment of illegal use of cocaine in England and Wales; the Governments in Scotland and Northern Ireland are responsible for their own illicit drug use figures using the Scottish Crime and Justice Survey and Northern Ireland Crime Survey/Drug Prevalence Survey in Northern Ireland respectively.
	Within England and Wales, the British Crime Survey (BCS) is used to provide information on the prevalence and trends of illicit drug use among 16 to 59 year-olds.
	Figures in the attached table show prevalence of cocaine use (including crack cocaine and cocaine powder) between the 2001-02 and 2008-09 BCS. These figures show that there has been a statistically significant increase in cocaine use among 16 to 59 year- olds in this period (from 2 per cent to 3 per cent).
	
		
			 Proportion of 16 to 59 year-olds reporting use of drugs in the last year, 2001-02 to 2008-09 BCS 
			 Percentages BCS 
			  2001-02 2002-03 2003-04 2004-05 2005-06 2006-07 2007-08 2008-09 2007-08 to 2008-09 
			  Statistically significant change 1 
			 Any cocaine 2.0 2.1 2.5 2.0 2.4 2.6 2.4 3.0 ^ 
			 Cocaine powder 2.0 2.1 2.4 2.0 2.4 2.6 2.4 3.0 ^ 
			 Crack cocaine 0.2 0.2 0.2 0.1 0.2 0.2 0.1 0.1  
			 Unweighted base 2 19,973 23,357 24,197 28,206 29,631. 28,819 28,331 28,232  
		
	
	1. A statistically significant increase at the 5 per cent. level is denoted by "^" while a statistically significant decrease at the 5 per cent. level is denoted by "v".
	2. Base numbers relate to any drug use. Bases for other drug measures will be similar.

Earthquake: South-East Asia

Lord King of West Bromwich: To ask Her Majesty's Government what help they have made available to the British victims of the recent earthquake in south-east Asia.

Baroness Kinnock of Holyhead: Immediately following the earthquake off the coast of Western Sumatra on 30 September 2009, consular staff in our embassy in Jakarta made contact with the UK consular wardens in Padang, Western Sumatra; and in Medan, Northern Sumatra. The warden in Padang immediately travelled to the affected area to check the level of damage and offer assistance to any British nationals. On arrival she located two British nationals who were staying at a hostel in Padang. She confirmed that they did not need any medical assistance and had the means and ability to leave the area. She provided her and the embassy's contact numbers in case they had any problems leaving Padang.
	Consular staff checked the Foreign and Commonwealth Office's LOCATE database to establish how many British nationals were registered as living in Western Sumatra and Northern Sumatra, and began to contact any of those possibly affected. They also established regular communication with the local authorities, and with representatives of other countries which may have had nationals involved.
	The vice consul and pro consul travelled from Jakarta to Padang on 1 October 2009 to support the UK warden in liaising with local authorities, and making checks on hospitals, morgues, hotels and potential other sources of information. Consular staff remained in Padang until the evening of Sunday 4 October 2009, when the Indonesian authorities announced their search and rescue effort was ending.
	We have made direct contact with, or confirmed the safety of, all the British nationals who we were notified may have been in the area.

Egypt: Rafah Crossing

Baroness Tonge: To ask Her Majesty's Government what representations they have made to the Government of Egypt concerning the opening of the Rafah crossing.

Baroness Kinnock of Holyhead: We are in regular contact with the Government of Egypt, both to discuss individual cases and the general level of access in and out of Gaza. My honourable friend the then Minister for the Middle East, Bill Rammell, also raised this with the Egyptian Government during his visit to Egypt in May 2009.
	However, the primary crossing points and responsibility for allowing the entry of humanitarian aid and other supplies into Gaza lies with the Government of Israel. We continue to press them to relax their restrictions to allow far greater access.

Elections

Lord Greaves: To ask Her Majesty's Government what advice is being given to returning officers on whether they should count the votes on the night or on the following day at the next general election; and what assessment they have made of the proportion of constituencies that are likely to count on the following day.

Lord Bach: Rule 44(1) of the Parliamentary Election Rules in Schedule 1 to the Representation of the People Act 1983 provides that the returning officer shall make arrangements for counting the votes in the presence of the counting agents as soon as practicable after the close of the poll.
	Under Section 10 of the Political Parties, Elections and Referendums Act 2000, the Electoral Commission is responsible for producing advice and guidance for electoral administrators to follow at UK parliamentary elections. As part of this responsibility, the chief executive of the Electoral Commission wrote to all returning officers on 10 September 2009 to make clear the Electoral Commission's position on the timing of the count: that it is for returning officers to decide whether to count on Thursday evening or on Friday morning taking into account local circumstances.
	Returning officers are rightly independent of government. While many of those involved in politics would not wish to see the tradition of overnight counts lost, the Government would not seek to interfere with the necessary discretion of returning officers, or the capacity of the Electoral Commission to give advice as it thinks appropriate. The Government have not made an assessment of the proportion of constituencies that are likely to count on the following day.

Employment: Ex-offenders

Lord Hylton: To ask Her Majesty's Government what assessment they have made of the impact of the Safeguarding Vulnerable Groups (Prescribed Criteria and Miscellaneous Provisions) Regulations (Northern Ireland) 2009 on the employment prospects of former offenders; and whether they will review the criteria set out in the regulations.

Baroness Royall of Blaisdon: Public protection remains the Government's top priority. In particular, we must do all that we can to protect the most vulnerable members of society. There is overwhelming public support for this principle. We also remain committed to the successful resettlement and reintegration of former offenders, which reduces the risk of reoffending.
	The new regulations strike an appropriate balance, by ensuring that someone's suitability to work with children or vulnerable adults is carefully considered on a case by case basis.
	The Department of Health, Social Services and Public Safety (DHSSPS) is responsible for policy and legislative issues arising from the Safeguarding Vulnerable Groups (NI) Order 2007. As is now the case with all legislation, the Safeguarding Vulnerable Groups (NI) Order 2007 will be reviewed after its implementation in line with Cabinet Office guidance.

Employment: Ex-offenders

Lord Hylton: To ask Her Majesty's Government what assessment they have made of the impact of the Private Security Industry Act 2001 (Amendment) (Northern Ireland) Order 2009 on the employment prospects of former offenders, particularly those who offended as juveniles or have only offended once.

Baroness Royall of Blaisdon: Under the 2001 Act each application is assessed individually taking into consideration the relevance, seriousness, recency and disposal of each offence.
	Juveniles are given special consideration under the Security Industry Authority (SIA) criteria and are treated more leniently than older offenders. This applies on a sliding scale according to age for offenders aged from under 10 to 17 years. The SIA will operate in Northern Ireland as it does in the rest of the UK.

Energy: Light Bulbs

Lord Vinson: To ask Her Majesty's Government whether a regulatory impact assessment was conducted before the enforcement of the European Union directive (2005/323/EC) phasing out inefficient incandescent electric light bulbs.

Lord Davies of Oldham: As an implementing measure under the EU's Eco-design for Energy-using Products Framework Directive, Regulation 244/2009, which entered into force on 18 March 2009, sets minimum standards on non-directional household lamps.
	A UK impact assessment was carried out and is available at http://www.ialibrary.berr.gov.uk/ImpactAssessment/?IAID= a8adb0acf49a44c5a6936c688cc5f761.

Equality Bill

Lord Lester of Herne Hill: To ask Her Majesty's Government whether, for the purposes of Clause 14 of the Equality Bill, a person disabled by both physical and mental impairment should be treated as having one relevant protected characteristic if he alleges that he has been discriminated against because of a combination of those forms of impairment, or whether they would be treated as two separate characteristics.

Baroness Royall of Blaisdon: Clause 14 provides for those who have experienced less favourable treatment because of a combination of two relevant protected characteristics to bring a claim. The protected characteristics which may be combined are age, disability, gender reassignment, race, religion or belief, sex and sexual orientation. Clause 14 is therefore relevant where a claimant experiences less favourable treatment because of a combination of two different protected characteristics, such as disability and race or disability and gender.
	If a person is disabled by both physical and mental impairments, these impairments should be treated as the protected characteristic of disability with respect to any claims for discrimination that they may wish to make. Should a person experience less favourable treatment because of one or more physical or mental impairments, they can submit one or more disability discrimination claims. Even though a single claim may involve a number of impairments, provided that the person met the definition of a disabled person, in that those impairments had a substantial and long-term adverse effect on their ability to carry out normal day to day activities, this would be treated as disability discrimination.

EU: Military Headquarters

Lord Stoddart of Swindon: To ask Her Majesty's Government following the opinion expressed by the French Defence Minister, Herve Morin, in Le Monde on 25 September that the European Union will have a permanent military headquarters in Brussels, what their attitude is towards such a development.

Baroness Kinnock of Holyhead: The UK sees no justification for a permanent EU military headquarters in Brussels, which would be a duplication of existing capability and an unnecessary use of resources.
	Seven options already exist for operational level command and control of EU operations. Through recourse to North Atlantic Treaty Organisation (NATO) assets and capabilities, the EU has access to Supreme Headquarters Allied Powers Europe (SHAPE) and all other NATO headquarters—the EU military operation in Bosnia is currently being commanded from SHAPE. For operations not using NATO resources, the European Council agreed in March 2004 that "regarding the conduct of autonomous EU military operations, the main option for this will be national HQs, which can be multi-nationalised for the purpose of conducting an EU-led operation".
	Five EU member states have declared national facilities as available to plan and command EU-led military operations: Northwood (UK), Mont Valerien (France), Potsdam (Germany), Rome (Italy) and Larissa (Greece).
	The multinational HQ at Northwood is currently commanding the EU counterpiracy operation ATALANTA. Mont Valerien and Potsdam have also been used to command EU operations in Chad and the Democratic Republic of Congo respectively.
	On a case by case basis, the EU also has the option of standing up an operations centre to run certain types of missions, in particular where a joint civil-military response is required and where no national headquarters is identified, but this is not a standing military headquarters.

Food: Halal Meat

Lord Patten: To ask Her Majesty's Government what assessment they have made of the effects on consumers of halal meat of legislation in Norway, Sweden and Switzerland forbidding the slaughter of animals by throat-cutting.

Lord Davies of Oldham: No assessment has been made of the effects of the legislation in Norway, Sweden and Switzerland forbidding the slaughter of animals by throat cutting on UK consumers of halal meat.

Gaza

Baroness Tonge: To ask Her Majesty's Government following the recent report of the United Nations Human Rights Council on the Gaza conflict, whether they will discuss with other United Nations member states the possibility of requesting reparations from Israel for damage done to the infrastructure of Gaza during the conflict.

Baroness Kinnock of Holyhead: The issue of reparations for damage caused to Gaza's infrastructure during the Gaza conflict is raised in the recommendations of the report of the UN fact-finding mission on Gaza. The report was discussed by the UN Security Council on 14 October 2009, in the context of wider discussion on the situation in the Middle East. It will also be discussed further by the Human Rights Council.

Gaza

Baroness Tonge: To ask Her Majesty's Government whether they will make representations to the Government of Israel to implement the recommendations of the recent report of the United Nations Human Rights Council on the Gaza conflict.

Baroness Kinnock of Holyhead: My right honourable friend the Prime Minister spoke to Prime Minister Netanyahu on 18 September 2009 and again on 14 October 2009. My right honourable friend the Foreign Secretary spoke to Israeli Defence Minister Barak on 29 September 2009 and 13 October 2009.
	We have made clear that, while the Goldstone report has its flaws, there are serious allegations against both Hamas and Israel. Israel has undertaken a number of investigations. But we do not believe these have yet adequately addressed the concerns. We urge Israel to investigate allegations fully and credibly to ensure that there is full accountability for any breaches of local or international law.

Gaza

Baroness Tonge: To ask Her Majesty's Government following the report of the United Nations Human Rights Council on the Gaza conflict, what discussions they will hold with the Hamas administration in Gaza.

Baroness Kinnock of Holyhead: We do not plan to hold any discussions with Hamas. The UK, together with other EU states, does not believe it is productive to engage directly with Hamas while it remains committed to violence. To do so would undermine those Palestinians committed to peace.
	We have long made clear that Hamas's use of indiscriminate rocket attacks against the people of southern Israel is unacceptable. Justice Goldstone raised concerns about this in his report. We continue to call on Hamas to renounce the use of violence.

Gaza

Baroness Tonge: To ask Her Majesty's Government following the report of the United Nations Environment Programme on the environmental consequences of the Gaza conflict, what action they will take to work with the international community to address the collapsing water table in Gaza.

Baroness Kinnock of Holyhead: As the UN Environmental Programme report highlights, the aquifer underneath Gaza is being unsustainably exploited. This results in the water table dropping in areas where abstraction is greatest, with significant salt water intrusion. Damage to the aquifer is compounded by seepage from over-stretched sewage treatment infrastructure, the maintenance of which has suffered as a result of the access restrictions, and which has been further degraded by the recent Gaza conflict.
	We take the damage to the aquifer seriously. A sustainable solution to water use in the region will have to be an important part of peace negotiations, which we are working to promote. We also seek to address the immediate problem by supporting non-governmental organisations and UN agencies to provide clean water to the population of Gaza and pressing the Government of Israel to allow basic goods into Gaza, including the materials to repair sewage and water treatment plant.

Government Initiatives: Advertising

Lord Newby: To ask Her Majesty's Government which initiatives by the Department for Culture, Media and Sport and its agencies were advertised in each of the past five years; how much was spent on each; and which used the services of the Central Office of Information.

Lord Davies of Oldham: DCMS has incurred the following spend on advertising between 2004-05 and 2008-09.
	
		
			 Year Spend Campaign 
			 2004-05 £58,072 BBC Charter 
			 2005-06 £51,028 Licensing communications (used COI) 
			 2006-07 £4,903 Tourism consultation (used COI) 
			 2007-08 £9,846.55 London 2012 Ask the Team (used COI) 
			 2008-09 £14,260 Public appointments (used COI) 
		
	
	The Royal Parks Agency has incurred the following spend on advertising between 2004-05 and 2008-09. It has not used the services of COI.
	
		
			 Year Spend Campaign 
			 2004-05 £6,692.81 Business related advertising 
			  £2,350 Profile advertising 
			  £705.18 Promotion of the Royal Parks to local people 
			 2005-06 £2,313.58 Business related advertising 
			 2006-07 £2,300.65 Business related advertising 
			  £5,687 Opinion formers advertising 
			 2007-08 £4,987.88 Business related advertising 
			  £3,006.75 Promotion of the Royal Parks to local people 
			  £2,056.25 Promotion of the Royal Parks to tourists 
			  £816.63 Promotion of the Royal Parks facilities to disabled 
			  £756.70 People Promotion of the Royal Parks Apprentice Scheme 
			 2008-09 £3,093 Promotion of the Royal Parks to tourists 
			  £6,389 Promotion of the Royal Parks to local people 
			  £1,222 Business related advertising 
			  £1,880 Promotion of the Royal Parks to disabled audiences

Government Initiatives: Advertising

Lord Newby: To ask Her Majesty's Government which initiatives by the Ministry of Defence and its agencies were advertised in each of the past five years; how much was spent on each; and which used the services of the Central Office of Information.

Baroness Taylor of Bolton: Figures for advertising spend are not held centrally and could be provided only at disproportionate cost. Information is available on the advertising spend delivered using the services of COI relating to recruitment advertising for both the single services and elements of the Civil Service. These details are provided below.
	
		
			 Financial Year Recruitment advertising spending by Service (£ million) 
			  Navy Army RAF Civil Service* 
			 2004-05 5.5 12.3 2.4 - 
			 2005-06 3.9 15.2 1.8 - 
			 2006-07 2.4 9.1 2.7 - 
			 2007-08 5.3 14.6 4.1 0.5 
			 2008-09 3.1 13.3 6.3 1.5 
		
	
	*Central figures for the Civil Service are available only from June 2007, and are recorded by calendar year. The "to date" figure for 2009 is 1.5 million.
	In addition, figures provided below show the following non-recruitment related initiatives advertised to the wider public.
	
		
			 Financial Year Initiative Promoted Cost (£ 000) 
			 2005-06 - - 
			 2006-07 Promotion of RAF Air Cadets** 151 
			  Grand Challenge 11 
			  Veteran's day** 70 
			 2007-08 Armed Forces Day** 18 
			 2008-09 (SaBRE) Supporting Britain's Reservists & Employers** 148 
			 2009-10 Centre for Defence Enterprise 30 
		
	
	** Used services of Central Office of Information

Government: Whistleblowers

Lord Lester of Herne Hill: To ask Her Majesty's Government whether they will provide the Civil Service Commissioners with the power to report to Parliament evidence indicating that the Government were misleading Parliament or the public or the fact that the Civil Service has refused to act on a justified complaint.
	To ask Her Majesty's Government whether they will ensure that the Civil Service Commissioners conduct independent investigations of breaches of confidentiality by special advisers and report their findings to Parliament if Ministers did not act on them.
	To ask Her Majesty's Government whether they will ensure that the leaking of information by government officials should only be a criminal matter where there is a breach of the Official Secrets Acts 1911 to 1989 or there is evidence of serious criminal misconduct in addition to the leak itself, for example accepting payment.
	To ask Her Majesty's Government whether they will ensure that the Cabinet Office, heads of government departments and the Civil Service Commissioners do more to inform potential whistleblowers of how to raise concerns and to encourage them to have the confidence to come forward with them.

Baroness Royall of Blaisdon: All these issues and the questions they raise will be addressed in the Government's forthcoming response to the Tenth Report of Session 2008-09 from the Public Administration Select Committee on Leaks and Whistleblowing in Whitehall.

HMRC: High Net Worth Unit

Lord Newby: To ask Her Majesty's Government how many individuals will be dealt with by HM Revenue and Customs High Net Worth Unit who were identified as a result of the recent agreement with Liechtenstein on sharing tax information.

Lord Myners: The UK-Liechtenstein tax information exchange agreement (TIEA) will have effect from 1 January 2010 for criminal tax matters and from 1 April 2010 for all other tax matters. Individuals have not yet been identified as a result of this agreement.

Human Rights

Lord Patten: To ask Her Majesty's Government what assessment they have made of the work of the Centre for Research and Popular Education in Colombia concerning the human rights of displaced people.

Baroness Kinnock of Holyhead: The Centre for Investigation and Popular Education (CINEP) has three main functions—to be a centre of thought on social and cultural issues in Colombia; an organisation for mediation in the context of the social conflict; and a documentation base that aids in understanding Colombia's development process. Our embassy in Bogota works with CINEP on a project aimed at improved capacity for investigative journalism on issues of conflict and peace. We welcome all efforts to improve the plight of the marginalised and growing population of more than 3 million displaced people in Colombia.
	Additionally, the UK has funded a number of projects aimed at giving support and protection to internally displaced people (IDPs) in Colombia. We continue to urge the Colombian Government to take all appropriate steps to help them and address the issues they face, including extreme poverty and the restitution of their lands.

Human Rights

Lord Rea: To ask Her Majesty's Government what is their assessment of reports of human rights abuses, including extrajudicial murders, in the Baluchistan province of Pakistan.

Baroness Kinnock of Holyhead: We are concerned at reports of human rights abuses in Pakistan, including in Baluchistan province. In our dialogue with the Government of Pakistan we continue to urge that any action to counter militant or insurgent activity is conducted to internationally recognised standards of human rights.
	Bilaterally and with our EU partners, we continue to encourage Pakistan to meet its international human rights obligations and ratify outstanding covenants. Early implementation of human rights instruments will safeguard human rights in the longer term.

Human Rights

Lord Rea: To ask Her Majesty's Government what is their assessment of the rights of the people of Baluchistan peacefully to advocate or demonstrate in favour of greater autonomy or independence and a fairer share of the profits derived from its natural resources.

Baroness Kinnock of Holyhead: The people of Baluchistan enjoy a democratic right to representation at both provincial and federal levels of government. We urge all concerned to engage in dialogue and renounce violence as a means of achieving political objectives. We support the efforts of the Government of Pakistan to find a negotiated, peaceful and lasting settlement for Baluchistan, which takes into account the wishes of the Baluchi people. In this context, we have welcomed President Zardari's announcement in May 2009 of an 80 billion Pakistani rupees (£615 million) development package for Baluchistan.

Immigration

Lord Avebury: To ask Her Majesty's Government further to the Written Answer by Lord West of Spithead on 6 July (WA 107) and having regard to Chapter 14 of Annex H of the Home Office Nationality Instructions, under what circumstances an adult holding British nationality can concurrently be a citizen of India.

Lord West of Spithead: Annex H to Chapter 14 of the Nationality Instructions provides general information for nationality caseworkers, based on UKBA's understanding of Indian nationality law. It is, however, for the Indian authorities to determine which persons are citizens of India.

Immigration

Lord Avebury: To ask Her Majesty's Government why the UK Border Agency Nationality Instructions refer to the case of Lee Thean Hock (Judicial Review No 25-64-2004 in the Malaysian High Court) as a precedent (Annex D to Chapter 12, paragraph 2.11.4), when paragraph 67 of the judgment of the Asylum and Immigration Tribunal in the case of AL & Others (Malaysia British Overseas Citizens) Malaysia [2009] UKAIT 00026 states that "the case is clearly not to be regarded as a precedent".

Lord West of Spithead: Within British nationality law there are provisions which require a person to be a British national, and to have no other citizenship or nationality. UKBA is therefore required, when considering such cases, to assess whether a person has any other citizenship.
	It has been alleged that a Malaysian citizen loses that status on acquiring a British overseas citizen passport. However, two rulings have influenced UKBA's understanding of this position.
	The first of these was the case of Lee Thean Hock, in which the Malaysian courts indicated that the issue of a BOC passport, was not sufficient for someone to be deprived of Malaysian nationality. The second, on which UKBA rely, is that of AL and Others. The Asylum and Immigration Tribunal ruled that, as the Malaysian constitution specifies that a person can be deprived of their citizenship by order if they acquire another nationality, it is not lost automatically on acquisition of another nationality or passport.
	The Nationality Instructions on Malaysian citizenship refer to both of these rulings for the information of nationality caseworkers. It is on the basis of AL and Others that nationality caseworkers assume that the holder of a British overseas citizen passport will not have lost any claim to Malaysian citizenship unless the Malaysian authorities confirm that he or she has actually been deprived of that status by order, or his or her renunciation of that status has been registered by the Malaysian authorities.
	Although the judge in the case of AL and Others stated that the Hock case is "clearly not meant to be regarded as a precedent", he also stated that "nevertheless, it may be regarded as throwing doubt upon the claims made on the appellant's behalf". It is of interest as it is a Malaysian court ruling which supports the UK 's understanding of Malaysian citizenship law and it is therefore relevant to providing context to the broader understanding of Nationality caseworkers.

Immigration: Detainees

Lord Avebury: To ask Her Majesty's Government how many persons have been detained under the Immigration Acts 1971 and 1988 for over a year on the latest date for which figures are available; and how many of those were being held due to problems with the redocumentation process, because there was no viable route of return or because there was a policy of no compulsory returns to their countries of origin.

Lord West of Spithead: The Home Office publishes statistics on the number of persons in detention in the United Kingdom solely under Immigration Act powers by length of detention on a quarterly basis. The latest published information as at 30 June 2009 can be found in table 11 of the quarterly Control of Immigration: Quarterly Statistical Summary United Kingdom Q2 2009 (http://www.homeoffice.gov.uk/rds/pdfs09/immig2O9.pdf).
	Published statistics on immigration and asylum are available from the Library of the House and from the Home Office Research, Development and Statistics Directorate web site at http://www.homeoffice.gov.uk/rds/immigration-asylum-stats.html.
	Detention may be used in the following circumstances: initially, while a person's identity and basis of claim are being established; where there are reasonable grounds for believing that a person will fail to comply with the conditions of temporary admission or release; as part of a fast-track asylum process; or to effect removal.
	Information on the number of individuals requiring redocumentation is not held centrally and could be obtained only by examining each individual record at disproportionate cost.
	There is no country to which the UK Border Agency does not as a matter of policy return individuals to. We may, however, suspend enforced removals to a country.
	There are two countries to which we currently have a policy not to enforce returns: Zimbabwe and non-Arab Darfuris from Sudan. However, voluntary returns to these countries continue to be made.

Iraq: Chilcot Inquiry

Lord Lester of Herne Hill: To ask Her Majesty's Government further to the Written Answer by Baroness Royall of Blaisdon on 5 October (WA 473), whether they have estimated the costs of the Chilcot inquiry; if so, (a) what are the estimated costs; (b) when the final costs will be published; and (c) whether they will publish the basis of the calculation of the costs simultaneously.

Baroness Royall of Blaisdon: I have nothing further to add to the answer I gave the noble Lord on 5 October (Official Report, col.WA 473).

Israel and Palestine: Detained Parliamentarians

Baroness Tonge: To ask Her Majesty's Government what representations they have made to the Government of Israel concerning elected Palestinian parliamentarians held in Israeli prisons.

Baroness Kinnock of Holyhead: We remain concerned by the administrative detention of a significant number of Palestinians, including parliamentarians, in Israeli prisons. We continue to call for all elected Palestinian Legislative Council members detained by Israel to be either released or subject to due legal process. We made this explicitly clear in our 2008 Human Rights Report, published in March this year.

Northern Ireland Act 1998

Lord Laird: To ask Her Majesty's Government what regard the Secretary of State for Northern Ireland had to Section 75 of the Northern Ireland Act 1998 when he made appointments to the Northern Ireland Human Rights Commission and the Northern Ireland Equality Commission.

Baroness Royall of Blaisdon: When making appointments to both commissions, the Secretary of State is not a public authority for the purposes of Section 75. However, he acts consistently with all the relevant statutory duties placed upon him. These include a duty to secure, as far as practicable, when making appointments, that the commissioners as a group are representative of the community in Northern Ireland.

Northern Ireland Office: Bonuses

Lord Laird: To ask Her Majesty's Government whether they propose to pay bonuses to staff in the Northern Ireland Office in the current year; if so, to what percentage of staff; and what is their estimate of the total amount to be paid in bonuses.

Baroness Royall of Blaisdon: Performance payments have been made to staff in the Northern Ireland Office and its agencies in the current financial year. Approximately 28 per cent of 2,000 staff received payments totalling £599,048.50. Payments were paid in the 2009-10 financial year but were in respect of satisfactory performance in the 2008-09 reporting year.

Northern Ireland Office: Criminal Justice Directorate

Lord Laird: To ask Her Majesty's Government further to the Written Answer by Baroness Royall of Blaisdon on 21 July (WA 353) concerning the Northern Ireland Office's Criminal Justice Directorate, whether they will place a copy of the business plan in the Library of the House.

Baroness Royall of Blaisdon: The Criminal Justice Directorate produced its 2009-10 directorate business plan on 1April 2009. In the interests of sustainability, this document is disseminated to staff electronically. A copy has, however, been placed in the Library.

Northern Ireland Office: Criminal Justice Directorate

Lord Laird: To ask Her Majesty's Government further to the Written Answer by Lord Bach on 21 July (WA 354) concerning the Northern Ireland Appointments Ombudsman, what are the detailed costs of the Ombudsman's office in each year since it was created.

Lord Bach: The Northern Ireland Judicial Appointments Ombudsman was appointed in September 2006. The costs of his office for each year since his appointment is shown in the table below.
	
		
			  2006-07* 2007-08 2008-09 
			 Ombudsman's Costs £4,810 £15,716 £12,741 
			 Staff Costs £22,997 £41,731 £42,840 
			 Travel and Subsistence £2,619 £5,648 £6,274 
			 Design and Printing £350 £4,159 £3,941 
			 Rent and Rates £13,298 £22,969 £23,527 
			 Service Charges £4,386 £6,558 £6,523 
			 Managed Services £7,439 £5,228 £5,085 
			 Other Costs** £4,247 £6,853 £10,157 
			 Total £60,146 £108,862 £111,088 
		
	
	* Covers the period 25 September 2006 to 31 March 2007
	** Includes electricity, maintenance, and other miscellaneous items

Northern Ireland Office: Equality Commission

Lord Laird: To ask Her Majesty's Government whether the current membership of the Northern Ireland Equality Commission proportionately represents all sections of the community in Northern Ireland.

Baroness Royall of Blaisdon: Section 73(4) of the Northern Ireland Act 1998 requires the Secretary of State, when making appointments to the Equality Commission, to secure, as far as practicable, that the commissioners, as a group, are representative of the community in Northern Ireland. The Secretary of State is satisfied that this statutory obligation has been met.

Palace of Westminster: Media

Lord Moonie: To ask the Chairman of Committees how much has been spent on refurbishing media facilities in the Palace of Westminster in the past five years.

Lord Brabazon of Tara: Over the past five years, the House of Lords has spent £2,560 on refurbishing media facilities. This expenditure comprised 40 per cent of the total cost of providing a television interview point in Peers' Lobby, at the request of Members of the House. Media facilities in the House of Commons are paid for entirely by the House of Commons and are a matter for the Commons authorities.

Police: Northern Ireland

Lord Laird: To ask Her Majesty's Government whether on 21 August a Police Service of Northern Ireland (PSNI) patrol came across a republican road checkpoint at Meigh, County Armagh; if so, whether it took action to clear the checkpoint; and whether there were other PSNI patrols in the area at the time.

Baroness Royall of Blaisdon: As this is an operational matter for the chief constable, I have asked him to reply directly to the noble Lord and will arrange for a copy of the letter to be placed in the Library of the House.

Police: Northern Ireland

Lord Cope of Berkeley: To ask Her Majesty's Government what is the average length of time taken for the Police Service of Northern Ireland to obtain, for the purposes of an investigation or prosecution, an item of evidence held by An Garda Síochána, the Republic of Ireland police service, by the letter of request procedure.

Baroness Royall of Blaisdon: As this is an operational matter for the chief constable, I have asked him to reply directly to the noble Lord and will arrange for a copy of the letter to be placed in the Library of the House.

Police: Northern Ireland

Lord Cope of Berkeley: To ask Her Majesty's Government what is the average length of time taken for An Garda Síochána, the Republic of Ireland police service, to obtain, for the purposes of an investigation or prosecution, an item of evidence held by the Police Service of Northern Ireland by the letter of request procedure.

Baroness Royall of Blaisdon: As this is an operational matter for the chief constable, I have asked him to reply directly to the noble Lord and will arrange for a copy of the letter to be placed in the Library of the House.

Police: Northern Ireland

Lord Cope of Berkeley: To ask Her Majesty's Government in what circumstances a witness statement or a confession taken by An Garda Síochána, the police service in the Republic of Ireland, can be used in a court in Northern Ireland.

Baroness Royall of Blaisdon: A witness statement recorded by a member of An Garda Siochana may be used in committal proceedings in Northern Ireland provided it complies with certain requirements of article 33 of the Magistrates' Courts (Northern Ireland) Order 1981; that is to say, inter alia, it must be in writing and signed by the person who made it. Evidence of a confession made to a member of An Garda Siochana may be admitted in proceedings in Northern Ireland unless the court considers that this would have an adverse effect upon the fairness of the proceedings.

Police: Northern Ireland

Lord Cope of Berkeley: To ask Her Majesty's Government in what circumstances a witness statement or a confession taken by the Police Service of Northern Ireland can be used in a court in the Republic of Ireland.

Baroness Royall of Blaisdon: Statements for use for evidential purposes in proceedings in the Republic of Ireland can be sought and obtained pursuant to a request for mutual legal assistance. The power to provide mutual legal assistance is derived from domestic law (which largely reflects European legislation concerning mutual legal assistance) and allows for co-operation on criminal matters between UK authorities (including those in Northern Ireland) and the Republic of Ireland. The circumstances in which a witness statement or a confession could be used in proceedings in the Republic of Ireland are matters which are governed by the domestic law of the Republic of Ireland.

Police: Northern Ireland

Lord Maginnis of Drumglass: To ask Her Majesty's Government whether building contractors' firms with loyalist and republican paramilitary connections at management level have been employed to work on police stations in Northern Ireland, as reported by the Sunday World on 26 July.
	To ask Her Majesty's Government whether contracts for work within police stations in Northern Ireland were awarded before any security checks were carried out, as suggested by Sir Hugh Orde in the Sunday World on 26 July.

Baroness Royall of Blaisdon: These are operational matters for the chief constable. I have asked him to reply directly to the noble Lord and a copy of his letter will be placed in the Library of the House.

Prisons: Northern Ireland

Lord Hylton: To ask Her Majesty's Government which of the 38 recommendations of the Pearson Report on prisons in Northern Ireland have been implemented; and which will be implemented in the next nine months.

Baroness Royall of Blaisdon: On 9 June the Prison Service published the Pearson report and an action plan has been drawn up to implement the 38 recommendations each of which has been accepted.
	I am advised by. the service that good progress has been made on a number of these. The focus has included addressing recommendations relating to scrutiny and accountability, and the service is auditing and revising action plans to reflect current priorities and resources.
	The new governor at Maghaberry took up post on 21 July, three members of the improvement team have been appointed and a further two identified.
	Inevitably some recommendations will take longer than others to implement and for some it is appropriate to consult with staff associations. It is anticipated that full implementation of all the Pearson recommendations should be completed by September 2010.
	In line with the report, progress in responding to the review will be audited in the new year.

Railways

Lord Laird: To ask Her Majesty's Government whether they encourage the building or rebuilding of railway lines over the construction of motorways for environmental reasons.

Lord Adonis: The Department for Transport's overarching approach to transport planning is set out in our 2008 publication, Delivering a Sustainable Transport System. In this context, the department takes account of a wide range of environmental impacts alongside economic and social concerns to determine the most appropriate solution for particular transport problems.
	For large passenger flows between major cities, rail is far more energy efficient than road transport. It is also this Government's policy not to build motorways on new alignments but rather to make best use of the existing motorway network.

Railways: Eurotunnel

Lord Berkeley: To ask Her Majesty's Government with reference to the Commission Decision of 13 December 1994 (94/894/EC) relating to a proceeding under Article 85 of the EC Treaty and Article 53 of the EEA Agreement (IV/32.490-Erotunnel), (a) which organisations have taken over the obligations applicable to British Railways, and (b) whether the parties listed in Article 2 B (h) and (i) have complied with the obligations of that decision and whether the Government will publish the information stipulated.

Lord Adonis: The obligations contained in Commission Decision 94/894/EC of 13 December 1994 no longer apply because the decision was annulled in its entirety by the judgment of the European Court of First Instance (Third Chamber, extended composition) of 22 October 1996 on the grounds that the legal reasoning used in 94/894/EC was based on an error of fact.

Serious Organised Crime Agency

Lord Laird: To ask Her Majesty's Government how the activities of the Serious Organised Crime Agency are monitored; by whom; and according to what criteria.

Lord West of Spithead: The Home Secretary sets the strategic priorities for the Serious Organised Crime Agency. SOCA has a statutory duty to produce and publish an annual plan before the beginning of each financial year setting out how it will exercise its functions during that year, and an annual report as soon as possible after the end of each financial year reporting on how it has discharged those functions.
	The Home Secretary and other Home Office Ministers have regular meetings with the chair and director general of the Serious Organised Crime Agency and SOCA provides the department with a performance report quarterly.

Transport: Cycle and Vehicle Paths

Lord Laird: To ask Her Majesty's Government what instructions they have issued or propose to issue to the appropriate authorities concerning the creation of separate cycle and motor vehicle paths in inner cities.

Lord Adonis: The Department for Transport has not issued (and does not propose to issue) instructions in this respect. The department publishes good practice guidance, but it is for individual highway authorities to determine what is appropriate in terms of local cycling provision.
	In October 2008, we published guidance on designing for cyclists in Local Transport Note 2/08 Cycle Infrastructure Design. This document brings together and updates guidance previously available in other documents.
	Guidance specifically related to off-carriageway cycle routes is contained in Local Transport Note 2/86 Shared Use by Cyclists and Pedestrians, published in August 1986. We expect to publish an update to this document in 2011.

Tsars and Special Envoys

Lord Bates: To ask Her Majesty's Government which (a) tsars, and (b) special envoys have been appointed since 27 June 2007; and what are the remits and responsibilities of each.

Baroness Royall of Blaisdon: Tsars and envoys are appointed by departments on the basis of their expertise and experience. The information could be obtained only at disproportionate cost.

Visa Centres

Lord King of West Bromwich: To ask Her Majesty's Government what steps they will take to provide amenities such as drinking water and waiting areas for visa applicants in visa centres.

Lord West of Spithead: The UK Border Agency requires its commercial partners to provide a high level of customer service at all visa application centres. They are specifically required to provide visa applicants with adequate levels of comfort, including sufficient seating for people waiting to submit applications, adequate temperature control, lighting and protection from rain, wind, etc and the provision of drinking water.